Wigan motorist's drink-driving case dropped due to faulty breathalyser

A man has been cleared of drink-driving because of a faulty breathalyser.

Friday, 20th November 2020, 10:27 am
Updated Friday, 20th November 2020, 10:30 am

Tony Middlehurst, 26, of Downall Green Road, Ashton-in-Makerfield, had been charged with having 44 microgrammes of alcohol in 100ml of breath when police stopped him on Wigan Road, Ashton, in a Vauxhall Caddy on February 10 this year, Wigan and Leigh Magistrates’ Court heard.

But the hearing was told that there was “inconsistent calibration on the intoxyliser reading” and so the charge was withdrawn by the prosecution.

However, Middlehurst did admit to driving the vehicle without insurance cover that day, and so he faces a £569 bill from the bench comprising a victim services surcharge, court costs and a £440 fine.

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A breathalyser

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